United States Federal Circuit

Scope orders may be interpreted as including subject merchandise only if they contain language that specifically includes the subject merchandise or may be reasonably interpreted to include it, thus a Department of Commerce final scope ruling is invalid.

Appellate Information

• Decided 07/12/2002
• Published 07/12/2002

Judges

• DYK, Circuit Judge., Before RADER, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Vincent Bowen, White & Case, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Walter J. Spak and Christopher M. Curran.


• For Appellees:
  
• John N. Maher, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee United States.   On the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Velta A. Melnbrencis, Assistant Director.   Of counsel on the brief were John D. McInerney, Chief Counsel for Import Administration;  Berniece A. Browne, Senior Counsel;  and Emily Lawson, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC. Of counsel was Lucius B. Lau, Attorney, Commercial Litigation Branch, Department of Justice, of Washington, DC., Rory F. Quirk, Dewey Ballantine LLP, of Washington, DC, argued for defendants-appellees Bethlehem Steel Corporation, et al.   With him on the brief were Bradford L. Ward;  Michael H. Stein;  and Navin Joneja.   Of counsel was Jennifer Danner Riccardi.